State v. Gilmore

Citations

• 2023 Ohio 1503

Syllabus

CRIMINAL LAW – involuntary manslaughter aggravated burglary jointly recommended, total indefinite sentence of 11 years (minimum) to 15 years (maximum) in prison guilty plea Appellant only takes issue with his right to a trial by jury, a constitutional right Crim.R. 11(C)(2)(c) notice requirements for constitutional rights are reviewed for strict compliance the record reveals the trial court strictly complied with the constitutional notice provisions the trial court referenced \jury\ during the constitutional rights colloquy at the plea hearing ambiguity as to the explanation of Appellant's constitutional right to a trial by jury this court is permitted to look to other parts of the record to determine compliance, including the written plea agreement, which includes Appellant's understanding that he was waiving his \right to a trial by jury\ the record also shows this case was set for a trial by jury at least four times prior, and had been continued each time upon motions filed by Appellant Appellant's guilty plea was entered knowingly, intelligently, and voluntarily Appellant's sentence was authorized by law R.C. 2953.08(D) R.C. 2929.14(A)(1)(a) R.C. 2929.144 judgment affirmed.